The Minutes of the meetings of March 5 and March 6, 2007, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

Notice was given by the President of a vacancy on the Metropolitan Board of Public Education from the 3rd School district, which vacancy shall be filled by the Metropolitan Council until the next general election. Nominations must be filed with the Metropolitan Clerk not later than 4:00 p.m. on Tuesday, March 27, 2007, and an election will be held to fill the vacancy at the meeting of April 3, 2007.

The Rules-Confirmations-Public Elections Committee recommended deferment of the following three proposed amendments to the Rules of Procedure of the Metropolitan Council:

Rule No. 8.
Amending by adding the following new paragraph:

“When a Member of Council has requested the Council Office or the Planning Commission staff to prepare a resolution or ordinance on a specific subject matter, no other Member of Council may sign the resolution or ordinance without the written consent of the primary sponsor. The foregoing provisions shall not prevent another Member of Council from filing similar legislation.”

Rule No. 8.
Amending by adding the following new paragraph:

“Once a Member of Council has signed a proposed resolution or ordinance as a sponsor, no other Memberof Council may remove the sponsor’s signature from the legislation without his/her written consent.”

Rule No. 8.
Amending by adding the following new paragraph:

“Members of Council shall be limited to filing no more than one memorializing resolution, resolution requesting information, or similar resolution that is not binding legislation during each quarter of the calendar year.”

Without objection, the three proposed amendments to Rule No. 8 were deferred by a voice vote of the Council.

The Rules-Confirmations-Public Elections Committee recommended adoption of the following proposed amendment to the Rules of Procedure of the Metropolitan Council:

Rule No. 32
Amending by adding the following new paragraph:

“The foregoing provision shall not prohibit a Member of Council from first making a parliamentary inquiry prior to making a motion to table or a motion for the previous question.”

Mr. Summers moved to adopt the proposed amendment, which motion was seconded. Mr. Adkins moved to defer the proposed amendment and re-refer it to the Rules-Confirmations-Public Elections Committee, which motion was seconded and adopted by a voice vote of the Council.

A resolution appropriating the amount of $188,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Metro Action Commission of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution appropriating the amount of $500,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Fire Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2007-1773

A resolution appropriating the amount of $18,754,000.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County. Mr. Ryman offered a substitute resolution and moved that it be accepted for filing and no objection was made.

A resolution appropriating the amount of $15,546,100.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the General Services Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution appropriating the amount of $746,400.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Police Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Ryman offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution appropriating the amount of $1,771,300.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Nashville Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Public Entertainment Facility Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution approving an agreement with the City of Belle Meade to provide the planning, construction, and maintenance of the streets and roads within the boundaries of the City of Belle Meade, except those highways presently controlled by the State of Tennessee and/or the United States of America. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution approving a fifth amendment to a grant from the State of Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County for the Davidson County Community Corrections Program. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution accepting a grant from the Tennessee Department of Health to the Metropolitan Department of Health to provide sexually transmitted disease services and HIV/AIDS prevention and surveillance. The resolution was approved by the Health, Hospitals and Social Services Committee; the Budget and Finance Committee recommended deferment. Ms. Gilmore moved to suspend the rules to allow the resolution to be heard; objection was made by Mr. Ryman and the resolution was not considered. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

A resolution appropriating $2,500 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to W. O. Smith / Nashville Community Music School to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Mr. Dread moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution appropriating $14,268 from the Reserve Council Infrastructure Program, Nonprofit Grants and Council Initiatives Account of the General Fund of the General Services District to United Way of Metropolitan Nashville to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution approving the compromise and settlement of the lawsuit of Gregory S. Gaines and Gina Gaines against The Metropolitan Government of Nashville and Davidson County for the amount of $180,000.00 and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County to assist with the recruitment and training of employees of Nashville Glass Plant. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Walls moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (36); “Noes” (0).

An ordinance amending Title 2 of the Metropolitan Code of Laws to implement standards of conduct for Metropolitan Government elected officials, employees, and members of boards and commissions. Mr. Ryman moved to defer the bill on first reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Sections 6.100.040 and 6.100.060 of the Metropolitan Code pertaining to Pawnbrokers, Secondhand Dealers and Junk Dealers located in the Urban Services District. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

An ordinance amending Chapter 10.32 of the Metropolitan Code of Laws relative to informing and protecting the public upon the spraying of airborne pesticides by the Metropolitan Department of Health to control mosquitoes and other pests. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.

An ordinance amending Titles 2, 10 and 16 of the Metropolitan Code of Laws to adopt the 2006 Fire Code, Building Code, Energy Code, Gas/Mechanical Code, Plumbing Code, and amendments thereto. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

An ordinance requiring Metropolitan Government departments, agencies, boards and commissions to respond to requests for information from Members of the Metropolitan Council within thirty days. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government on certain parcels of property for use in the Harpeth River and Cumberland River greenway systems (Proposal No. 2007M-018G-06). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Parks, Library, Recreation and Public Entertainment Facility, and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance approving and authorizing the Director of Public Property, or his designee, to accept the donation of a parcel of property from Nashville Area Habitat for Humanity, Inc., for use as part of the parks system (Proposal No. 2007M-017U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission; Budget and Finance; Parks, Library, Recreation and Public Entertainment Facility; and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to CS zoning property located at 506 and 520 Fesslers Lane, at the northeast corner of Elm Hill Pike and Fesslers Lane (1.72 acres total), all of which is described herein (Proposal No. 2006Z-171U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the SP district for properties located at 1737, 1741, and 1745 Glen Echo Road, southeast corner of Glen Echo Road and Hillmont Drive (3.07 acres), to add the property located at 1749 Glen Echo Road (.97 acres) for 4 additional single-family homes and a stormwater detention facility for a total of 16 single-family homes on 4.04 acres, all of which is more particularly described herein (Proposal No. 2006SP-007U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS40 to CL zoning property located at 7194 Whites Creek Pike, approximately 875 feet north of Union Hill Road (1.25 acres), all of which is described herein (Proposal No. 2007Z-025G-01). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

Mr. Whitmore requested suspension of the rules for consideration of one (1) late bill and no objection was made.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of right-of-way and easement for Alley Number 627 (Proposal No. 2006M-216U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

An ordinance amending Section 13.32.120 of the Metropolitan Code of Laws to prohibit chain link fences along arterial and collector streets. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 16.12.130 of the Metropolitan Code of Laws to allow the installation of plumbing fixtures designed to reduce or eliminate water consumption. The Codes, Fair and Farmers Market and Public Works Committees recommended deferment. Mr. Jameson moved to defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1304

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of a portion of Gateway Boulevard between Davidson Street and 4th Avenue South to "Korean War Veterans Memorial Boulevard" (Proposal No. 2006M-231U-09). Mr. Ryman offered a substitute bill and moved that it be accepted for filing and no objection was made.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of Gateway Boulevard between South Second Street and 4th Avenue South to "Korean Veterans Boulevard" (Proposal No. 2006M-231U-09). The bill was approved by the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Planned Unit Development district located on the south side of Central Pike, to allow for the development of 35,200 square foot of medical office, replacing 31,920 square foot of office and retail space, all of which is more particularly described herein (Proposal No. 189-73-G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. White moved to pass the bill on second reading and defer the bill indefinitely so the community and the developer can continue to discuss the proposal, the bill being requested by PBJ Engineering Design Development, LLC, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP zoning property located at 3714 Benham Avenue, approximately 290 feet north of Glen Echo Road (0.85 acres), to permit the development of 6 single-family dwelling units, all of which is described herein (Proposal No. 2006SP-177U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to defer the bill on second reading, as details of the proposal are discussed, the bill being requested by Gresham Smith and Partners, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Title 13 of the Metropolitan Code to create a new Chapter 13.18 pertaining to the regulation of newsracks within the public right-of-way. The bill was approved by the Budget and Finance Committee with an amendment; the Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Title 16 of the Metropolitan Code of Laws to adopt the 2006 International Residential Code for One and Two-Family Dwellings. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Coleman moved to pass the bill on second reading, which motion was seconded. Mr. Shulman moved to defer the bill on second reading so that related questions can be addressed, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Title 16 of the Metropolitan Code regarding sustainable building design standards for new and renovated Metropolitan Government buildings and facilities. The Budget and Finance, Codes, Fair and Farmers Market and Planning, Zoning and Historical Committees recommended deferment. Mr. Briley moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6912, with the State of Tennessee, Department of Transportation, Project No. 19009-2178-44, to relocate certain facilities, located on the public highway right-of-way, I-65, from Wedgewood Avenue to near Craighead Avenue (Area 120-TYPE II Noise Walls), located in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Ryman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service in Davidson County to Villas of Concord Place, Phase 6, Project No. 05-SL-47F. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan government of Nashville and Davidson County (Proposal No. 2006M-223). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance accepting a contribution to the Metropolitan Government from H.G. Hill Realty, LLC in the amount of $83,601 for milling and resurfacing Hillsboro Circle from Abbott Martin Road to Hobbs Road. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance accepting a contribution to the Metropolitan Government from BMT Associates, LLC in the amount of $40,000 for a traffic signal at 4317 Harding Pike for the Belle Meade Town Center. The bill was approved by the Budget and Finance, Public Works and Traffic and Parking Committees. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance authorizing SBER Development Holdings LLC to install, construct and maintain a stair tower encroachment to connect to Shelby Street Pedestrian Bridge with ground between First Avenue South and the Rail Platform (Proposal No. 2007M-016U-09). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning the right-of-way of Alley No. 918 from 21st Avenue South to Alley No. 922 and also abandoning Alley No. 922 from Magnolia Boulevard to Alley No. 918 (Proposal No. 2006M-183U-10). The bill was approved by the Planning Commission; Traffic and Parking Commission; Public Works; Traffic and Parking; and Planning, Zoning and Historical Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Section 2.40.100 of the Metropolitan Code to further limit the authority of the Metropolitan Attorney to settle claims against the Metropolitan Government without approval of the Metropolitan Council. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 15.64 of the Metropolitan Code, Stormwater Management, to prohibit certain activities involving the disposal or use of excavated fill material that occur within the drainage area of a Class II designated Scenic River under The Tennessee Scenic Rivers Act of 1968. The Public Works Committee recommended deferment. Mr. Briley moved to defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

An ordinance amending Chapter 16.24 of the Metropolitan Code to prohibit exterior openings of buildings or structures from being boarded-up for more than sixty days. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Ms. Wilhoite moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of County Hospital Road between John Mallette Drive and Briley Parkway to "Bordeaux Boulevard" (Proposal No. 2007M-020U-03). The bill was approved by the Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Ms. Gilmore moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance naming the roundabout right-of-way, located at the intersection of Division Street, 16th Avenue South, Music Square East, and Demonbreun Street, “Buddy Killen Circle” (Proposal No. 2007M-019U-10). The bill was approved by the Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING –

Without objection Bill Nos. BL2006-1167 and BL2006-1168 were considered together.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 and R10 to RM6 zoning property located at 1019 Highland Circle and 1122 Apple Valley Circle, approximately 750 feet west of Hamblen Drive (5.62 acres), all of which is described herein (Proposal No. 2006Z-107G-04). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development district located at 1019 Highland Circle and 1122 Apple Valley Road, to permit the development of 31 multi-family units, all of which is described herein (Proposal No. 2006P-009G-04). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee.

Mr. Ryman moved to defer the bills on third reading, the bills being requested by Lee Wall and Dale and Associates, respectively, which motion was seconded and adopted by a voice vote of the Council

An ordinance amending Section 17.16.160 of Title 17 of the Metropolitan Code, Zoning Regulations, by replacing the special exception standards for Historic Homes Events with new standards, all of which is more specifically described herein (Proposal No. 2006Z-170T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

Mr. Jameson moved to suspend the rules to allow Bill Nos. BL2007-1369 and BL2007-1336 to be taken out of order for consideration prior to the following bill. Objection was heard, and the regular order of business continued.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to OL zoning property located at 2908, 2910 and 2912 Felicia Street, at the northwest corner of Felicia Street and 30th Avenue North (0.46 acres), all of which is described herein (Proposal No. 2006Z-184U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to OL zoning property located at 222 and 224 McGavock Pike, approximately 260 feet south of Crossfield Drive (1.52 acres), all of which is described herein (Proposal No. 2006Z-172U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Toler, Coleman, Duvall, Tygard (31); “Noes” (0); “Abstaining” Tucker, Wilhoite, Williams (3).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning property located at 4334, 4374 and 4414 Maxwell Road and Maxwell Road (unnumbered), and Route 2 Maxwell Road, (77.3 acres), approximately 430 feet east of Flagstone Drive, to permit 328 single-family attached units and detached units, all of which is described herein (Proposal No. 2006SP-081U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS20 zoning various properties located east of Highway 100 on Page Road, Heady Drive, West Tyne Drive, Gilman Avenue, Taggart Avenue, Brookfield Avenue, Alton Road, Cheek Road, and Clydelan Court (172.56 acres), all of which is described herein (Proposal No. 2007Z-008U-07). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Williams offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Williams moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance abandoning a 10” sanitary sewer line and easement that will be replaced by an 8” sanitary sewer line, that is shown on Map 104-10, Parcel 108.00, Project 06-SL-0063, The Chesterfield, 511 Chesterfield Avenue, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-158U-10).The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. In the absence of the sponsor, Mr Shulman moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council. Pursuant to Rule 22 of the Rules of Procedure of the Metropolitan Council, the bill is deferred indefinitely.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OR20 and R6 to MUG zoning, property located at Hume Street (unnumbered) and 8th Avenue North (unnumbered) (1.52 acres total), all of which is described herein (Proposal No. 2006Z-008U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to RM6 zoning, property located at Bell Road (unnumbered), at the northeast corner of Bell Road and Lincoya Bay Drive (17.89 acres total), all of which is described herein (Proposal No. 2006Z-188U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Burch moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Hickory Hills Court right-of-way all of which is more particularly described herein (Proposal Number 2006M-069G-02). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance abandoning an 8” sanitary sewer line and easement that will be replaced by an 8” sanitary sewer line, and the removal of 51’ of water main/fire service and 234’ of fire hydrant lead and fire hydrant # 12788 that is shown on Map 161, Parcel 082.00, Project 06-SL-111 and 84-WL-118, Lowe’s of Nashville, Nolensville Pike at Old Hickory Boulevard and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2006M-208U-12). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS15 to RM20 zoning properties located at 7312, 7316 and 7320 Highway 70 South, approximately 1,015 feet east of Cross Timbers Drive (1.69 acres), all of which is described herein (Proposal Nos. 2006Z-175G-06 and 2007Z-036G-06). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Crafton moved to defer the bill on third reading, the bill being requested by Thomas and Cherri Teachout, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS10 zoning various properties located west of 35th Avenue North on Geneva Circle and Albion Street (11.29 acres), all of which is described herein (Proposal No. 2007Z-023U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS3.75 (10.64 acres), from R6 to RS5 (44.63 acres), and from R6 to RS10 zoning (10.64 acres) various properties located south of Albion Street on 35th Avenue North, 34th Avenue North, 33rd Avenue North, 32nd Avenue North, 31st Avenue North, 30th Avenue North, 29th Avenue North, Clare Avenue, Batavia Street, Clifton Avenue, Torbett Street, and Indiana Avenue (59.09 acres), all of which is described herein (Proposal No. 2007Z-024U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore offered Amendment No.1 and moved for its adoption, which motion was seconded and failed by a roll call vote of the Council. Mr. Whitmore moved to moved to pass the bill on third reading, which motion was seconded. Mr. Isabel moved to defer the bill, which motion was seconded. Mr. Burch moved to table the motion to defer, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass the bill on third reading, which motion was adopted by the following vote: “Ayes” Dozier, Briley, Gilmore, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, Loring, Page, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Hodge, Toler, Coleman, Tygard (35); “Noes” Tucker, Dread, Isabel, Greer, Wilhoite, Duvall (6); “Abstaining” Foster (1).

Mr. Wallace moved for reconsideration of the vote, which motion was seconded by Tucker, Dread, Greer, and Wilhoite. Pursuant to Rule No. 34 of the Rules of Procedure of the Metropolitan Council, the motion to reconsider will be acted on at the next regular meeting of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R6 to RS7.5 (9.83 acres) and from R6 to RS5 (1.56 acres) zoning various properties located south of Dr. Walter S. Davis Boulevard on 40th Avenue North, Clover Street, Gulch Street, Branch Street and College Avenue (11.39 acres), all of which is described herein (Proposal No. 2007Z-022U-08). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning property located at 4088 Murfreesboro Pike, approximately 2,680 feet south of Old Hickory Boulevard (3.4 acres), to permit the development of a Landscape Sales/Garden Center to include two 1,000 square foot green houses, 1,290 square feet of office space, a 860 square foot warehouse, and a 500 square foot car garage, all of which is described herein (Proposal No. 2007SP-013G-13). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Coleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, Loring, Page, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (32); “Noes” Greer (1); “Abstaining” Craddock (1).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to CS zoning properties located at 106 Gallatin Pike and Vera Street (unnumbered), at the southern end of Vera Street (0.24 acres), all of which is described herein (Proposal No. 2007Z-010G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Commitee. Mr. Forkum moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (33); “Noes” (0); “Abstaining” Dozier, Gotto (2).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend the previously approved SP district on property located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike (2.58 acres), to add land area (.23 acres) to the original SP district and to permit 34 multifamily units and 3 single-family lots, all of which is described herein (Proposal No. 2005SP-168U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), previously approved for 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank uses, and to amend by allowing for 101,677 square feet of retail/restaurant/bank uses, 20,000 square feet of office, and to allow for a new ingress/egress along Highway 100, all of which is more particularly described herein (Proposal No. 2005P-008G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Tygard moved to defer the bill on third reading while existing issues continue to be addressed, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM40 to SP zoning on property located at 1700 18th Avenue South, northeast corner of 18th Avenue South and Wedgewood Avenue (.54 acres), to permit 38 multi-family condominium units and a parking garage, all of which is described herein (Proposal No. 2007SP-015U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to CS zoning property located at 924 8th Avenue South, approximately 175 feet north of Archer Street (0.44 acres), all of which is described herein (Proposal No. 2007Z-004U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Greer moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning property located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), to permit the development of 20 townhomes and 4,000 square feet of warehouse space, all of which is described herein (Proposal No. 2007SP-019U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. White moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to IWD zoning properties located at 3720 Brick Church Pike and Briley Park Boulevard South (unnumbered), on the west side of Brick Church Pike north of Briley Parkway (16.95 acres), all of which is described herein (Proposal No. 2007Z-020U-02). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Hunt moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Briley, Dread, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Whitmore, Crafton, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (31); “Noes” Tucker, Walls (2); “Abstaining’ Gilmore (1).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending portions of the Institutional Overlay district located between Granny White Pike and Belmont Boulevard, approved for 1,621,300 square feet of various institutional uses to add an additional 27,085 square feet for a total of 1,648,386 square feet and add conference center, performing arts center, academic building, art department buildings, revise residence halls from dormitories to apartments, and add an additional 293 parking spaces, all of which is more particularly described herein (Proposal No. 2006IN-001U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

Without objection Bill Nos. BL2007-1346 and BL2007-1347 were considered together.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of a Planned Unit Development property located at 2911 Stokers Lane (2.71 acres) to permit a 32-unit assisted-living facility, all of which is described herein (Proposal No. 2007P-001U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to RM4 zoning property located at 2911 Stokers Lane (2.71 acres), all of which is described herein (Proposal No. 2007Z-016U-03). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

Mr. Isabel moved to defer indefinitely the bills on third reading, the bills being requested by Mt. Hopewell Community Development Corporation, which motion was seconded and adopted by a voice vote of the Council

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to SP zoning property located at 2849 Logan Street, approximately 505 feet north of Thompson Lane (0.31 acres), to permit the development of a 7,500 square foot automobile repair facility, all of which is described herein (Proposal No. 2007SP-026U-11). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Page moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RM4 to SP zoning a portion of property located at Nolensville Pike (unnumbered), between Sunnywood Drive and Culbertson Road (10.07 acres), to permit the development of 40 townhomes, all of which is described herein (Proposal No. 2007SP-012G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Toler moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to R10 zoning property located at 2902 23rd Avenue South, approximately 320 feet south of Sharondale Drive (0.62 acres), all of which is described herein (Proposal No. 2006Z-194U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to SP zoning property located at Sawyer Brown Road (unnumbered), opposite Williamsburg Court (7.8 acres), to permit the development of 31 townhomes, all of which is described herein (Proposal No. 2007SP-007G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Crafton moved to defer the bill on third reading, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council

Without objection Bill Nos. BL2007-1355 and BL2007-1356 were considered together.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to RM15 zoning a portion of properties located at Lombardia Court (unnumbered), south of Old Hickory Boulevard (2.0 acres), all of which is described herein (Proposal No. 2007Z-005G-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of the Planned Unit Development District located abutting the south margin of Old Hickory Boulevard at Lombardia Lane, classified RM15 and CS with the portion zoned CS proposed for RM15 district (11.96 acres), to permit additional land area to the PUD overlay district to include 18 additional condominium units for a total of 40 condominium, all of which is more particularly described herein (Proposal No. 95-85-P-04). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a, CL and R15 to SP zoning, properties located at 2700 McGavock Pike, 2716 and 2750 Pennington Bend Road and Pennington Bend Road (unnumbered), at the northwest corner of McGavock Pike and Pennington Bend Road (106.9 acres), to allow for the uses described herein, all of which is described herein (Proposal No. 2007SP-014U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Ms. Tucker filed letters in opposition to the bill. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Briley, Dread, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Hodge, Toler, Coleman, Duvall, Williams, Tygard (30); “Noes” Tucker, Wilhoite (2); “Abstaining” Gilmore, Ryman, Summers (3).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Urban Design Overlay district to add property located at 3821 Green Hills Village Drive to the Green Hills UDO, located along the east side of Cleghorn Avenue, south of Crestmoor Road (3.79 acres), to require all provisions of the UDO to apply to this property, all of which is more particularly described herein, (Proposal No. 2002UD-001U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2007-1365

An ordinance amending Section 17.12.190 of Title 17 of the Metropolitan Code, Zoning Regulations, to require persons utilizing the cluster lot subdivision option to construct recreational facilities on a portion of the designated common open space, all of which is more specifically described herein (Proposal No. 2007Z-034T). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Hunt offered a substitute bill and moved that it be accepted for filing and no objection was made.

An ordinance amending Section 17.12.090 of Title 17 of the Metropolitan Code, Zoning Regulations, to require persons utilizing the cluster lot subdivision option to construct recreational facilities on a portion of the designated common open space, all of which is more specifically described herein (Proposal No. 2007-034T.) Mr. Hunt moved to pass the bill on third reading, which motion was seconded. Mr. Crafton moved to defer the bill indefinitely, which motion was seconded and adopted by a roll call vote of the Council.

An ordinance amending Section 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color within the CL zoning district, all of which is more specifically described herein (Proposal No. 2007Z-033T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Brown moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

An ordinance to amend sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to permit the transfer of development rights from Historic Landmark Districts and Historic Preservation Districts in Downtown Nashville as “sending” sites to designated “receiving” sites, which is more particularly described herein (Proposal No 2007Z-042T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Jameson offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Greer, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (35); “Noes” (0).

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to ON zoning property located at 1909 Lebanon Pike, at the southwest corner of Lebanon Pike and Gayland Court (0.82 acres), all of which is described herein (Proposal No. 2007Z-002U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Hunt, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Page, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard (34); “Noes” (0).

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to take the action necessary to rename Dickerson Pike between Spring Street and East Trinity Lane as "Skyline Boulevard". The resolution was approved by the Traffic and Parking Committee. Ms. Tucker filed petitions in opposition to the resolution. Ms. Murray moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

A resolution requesting the Department of Public Works to provide a report to the Metropolitan Council regarding the feasibility of expanding the curbside recycling program to the General Services District.

A resolution requesting the Nashville Civic Design Center to facilitate a series of community discussions regarding the implementation of sustainable building practices in Nashville and Davidson County.

A resolution requesting Governor Phil Bredesen, the Davidson County Delegation to the Tennessee General Assembly, and the Tennessee Department of Transportation to take the action necessary to rename State Route 840 in honor of Wilma Rudolph.

A resolution requesting the Mayor’s Office of Economic and Community Development, the Board of Parks and Recreation, and the Board of Fair Commissioners to consider working collaboratively to develop a specialized marketing plan to attract entertainers that traditionally performed at Starwood Amphitheatre to perform at other entertainment venues in Nashville.

A resolution requesting the Tennessee Regulatory Authority to impose additional limitations on the ability of Nashville Gas Company to charge a deposit based upon two billing periods for certain new customers. The resolution was approved by the Budget and Finance

A resolution requesting President George W. Bush, Senator Lamar Alexander, Senator Bob Corker, and the Tennessee Congressional Delegation to support an ADA Restoration Act.

Upon motion duly seconded, the meeting was adjourned.

Requests for ADA accommodation should be directed to Marilyn Swing at 615/862-6770.

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